Massachusetts § 2XXXXX - Communications Access Trust Fund

§ 2XXXXX. Communications Access Trust Fund

Section 2XXXXX. (a) There shall be a Communications Access Trust Fund to be administered by the secretary of administration and finance, in consultation with the secretary of public safety and security. The fund shall consist of: (i) money transferred to the fund by the general court and specifically designated to be credited to the fund; (ii) funds from public and private sources, including, but not limited to, gifts, grants and donations; and (iii) interest earned on such money. Amounts credited to the fund that are unexpended at the end of a fiscal year shall not revert to the General Fund.

(b) Amounts credited to the fund may be expended, without further appropriation, by the secretary of administration and finance for the purposes of making payments to the department of correction and the sheriffs for providing voice communication services, including phone calls, and other communication services free of charge to the person initiating and the person receiving the communication pursuant to section 87A of chapter 127. The secretary of administration and finance shall make said payments to the department of correction and the sheriffs services on a quarterly basis; provided, that sufficient documentation shall be received by the secretary of administration and finance consistent with subsection (c); provided, however, that no payment from the fund shall be for any financial incentive received in connection with a communication services contract, including, but not limited to a commission.

(c) The department of correction and the sheriffs shall submit quarterly to the secretary of administration and finance documentation of communication services provided free of charge in order to receive payments from the fund pursuant to subsection (b); provided, that documentation shall include, but not be limited to, the following information for each facility: (i) the number of phone calls; (ii) the length of each phone call; (iii) other communication services provided; and (iv) the length of each other communication service; and provided further, that the secretary of administration and finance may require additional documentation as deemed necessary by the secretary.

(d) Quarterly, the secretary of administration and finance, in consultation with the department of correction and the sheriffs, shall report to the house and senate committees on ways and means and the joint committee on the judiciary on payments from the fund to the department of correction and the sheriffs, including, but not limited to: (i) amounts expended for communication services by each department; (ii) a breakdown of the cost of each call by minute for each department; (iii) a breakdown of the cost of each other communication service offered by minute for each department; (iv) the number of phone calls, video communications, electronic communications and other communications services at each facility; and (v) any changes in contracts for voice communication services, including any progress in maximizing purchasing power and consolidating contracts between the sheriffs and the department of correction.